GENA RAM CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These bunch of writ petitions arise of impugned set-up change/absorption/transfer order dated 11.06.2019, amended transfer order dated 14.06.2019 and other similar transfer orders passed by respective District Education Officer (Secondary) in respect of petitioner Grade-III Teachers.

(2.) The facts arising out of these writ petitions are that the petitioners were selected and appointed as Teacher Grade-III and are discharging their duties at various places in the State of Rajasthan. Some of the petitioners were initially appointed under the Rajasthan Panchayati Raj Act 1994 and the Rajasthan Panchayati Raj Rules 1996 {herein after 'the Panchayati Raj Act and Rules'} whereas others were appointed directly under the Rajasthan Education Subordinate Service Rules 1971 {herein after 'the Rules of 1971'}.

(3.) The common feature between petitioners today is that the petitioner-Teachers who were appointed under the Panchayati Raj Act and Rules, have subsequently been brought under the umbrella of the Education Department of the State, by invocation of rule 6-D of the Rules of 1971. Thus, once the exercise of set up was completed, then remixing of the petitioners' transfer exercise with the set up change again, would be contrary to the spirit of Rule 6-D. Therefore, now when any transfer exercise is to be undertaken, both sets of Teachers as mentioned above are to be governed by the Rules of 1971.